Consummate: To carry into completion; to fulfill; to accomplish. Contemner: An individual who intentionally acts to hinder or obstruct the administration of justice by a court, either by refusing to comply with its orders or by disrupting its orderly proceedings, thereby committing CONTEMPT. Contemplation of death: The apprehension of an individual that his or her life will be ended in the immediate future by a particular illness the person is suffering from or by an imminent known danger which the person faces. Contempt: An act of deliberate disobedience or disregard for the laws, r egulations, or decorum of a public authority, such as a court or legislative body. Contest: To defend against an adverse claim m ade in a court by a plaintiff or a prosecutor; to challenge a position asserted in a judicial proceeding, as to contest the probate of a will. Context: The language that precedes and follows a series of words, such as a particular sentence or clause. Continental Congress: The first national legislative assembly in the United States, existing from 1774 to 1789. Contingent: Fortuitous; dependent upon the possible occurrence of a future event, the existence of which is not assured. Contingent fee: Payment to an attorney for legal services that depends, or is contingent, upon there being some recovery or award in the case. The payment is then a percentage of the amount recovered—such as 25 percent if the matter is settled, or 30 percent if it proceeds to trial. Continuance: The adjournment or postponement of an action pending in a court to a later date of the same or another session of the court, granted by a court in response to a motion made by a party to a lawsuit. The entry into the trial record of the adjournment of a case for the purpose of formally evidencing it. Contra: Against; conflicting; opposite. Contraband: Any property that it is illegal to produce or possess. Smuggled goods that are imported into or exported from a country in violation of its laws. Contracts: Agreements between two entities, creating an enforceable obligation to do, or to refrain from doing, a particular thing. Contravention: A term of French law meaning an act violative of a law, a treaty, or an agreement made between parties; a breach o f law punishable by a fine of 3000a or less and by an imprisonment of three days o r less. In the U.S. legal system, a breach or violation of the provisions of a contract, statute, or treaty. Contributing to the delinquency of a minor: Any action by an adult that allows or encourages illegal behavior by a person under the age of 18, or that places children in situations that expose them to illegal behavior. Contributing to the delinquency of a minor can be as simple as keeping a child home from school and thus, making the child a truant. It also can manifest itself in more serious behavior. For example, an adult who commits a crime in the presence of a child can be charged with contributing to the delinquency of a minor, as can an adult who serves alcoholic beverages to anyone under the legal drinking age. Still more egregious is sexual exploitation, which could include having sexual relations with minors or engaging in the production or trafficking of CHILD PORNOGRAPHY. Contribution: In maritime law, where the property of one of several parties with interests in a vessel and cargo has been voluntarily sacrificed for the common safety of the vessel—as by GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DICTIONARY OF LEGAL TERMS CONTRIBUTION 57 casting goods overboard to lighten the vessel—such loss must be made up by the contribution of the others, which is labeled “general average.” In civil law, a partition by which the creditors of an insolvent d ebtor divide among themselves the p roceeds of the debtor’s property in proportion to the amount of their respective credits. The right of a defendant who has paid an entire debt, or common liability, to recoup a proportionate share of the payment from another defendant who is equally responsible for the payment of that debt or liability. Controller: The key financial officer of a state, private, or MUNICIPAL CORPORATION,whoischarged with certain specific responsibilities related to its financial affairs. Controversy: An actual dispute between individuals who seek judicial resolution of their grievances that have arisen from a conflict of their alleged legal rights. Controvert: To contest, deny, or take issue with. Contumacy: Willful disobedience. The intentional failure of an individual to obey a summons to appear in court to defend against a charge or to obey an order rendered by the court. Convention: An agreement or compact, particularly an international agreement, such as the GENEVA CONVENTION. An accord between states or nations, which resembles a treaty: ordinarily applied to agreements prior to an execution of an official treaty or which serve as its foundation; or to international agreements for the regulation of international affairs of common interest not within the ambit of commercial transactions or politics, such as international postage. An agreement between states concerning finance, trade, or other matters considered less significant than those usually governed by a treaty. An assembly or meeting of representatives or members of legislative, political, or fraternal organizations. Conventional: Derived from o r contingent upon the mutual agreement of the parties, as opposed to that created by or dependent upon a statute or other act of the law. Conversion: Any unauthorized act that deprives an owner of PERSONAL PROPERTY without his or her consent. Conveyance: The transfer of ownership or interest in real property from one person to another by a document, such as a deed, lease, or mortgage. Convict: To adjudge an accused person guilty of a crime at the conclusion of a criminal prosecution, or after the entry of a plea of guilty or a plea of nolo contendere. An i ndividual who has been found guilty of a crime and, as a result, is serving a sentence as punishment for the act; a prisoner. Conviction: The outcome of a criminal prosecution that concludes in a judgment that the defendant is guilty of the crime charged. The juncture of a criminal proceeding during which the question of guilt is ascertained. In a case where the perpetrator has been adjudged guilty and sentenced, a record of the summary proceedings brought pursuant to any penal statute before one or more justices of the peace or other properly authorized persons. Cooling-off period: An interval of time during which no action of a specific type can be taken by either side in a dispute. A n a utomatic delay in certain jurisdictions, apart from ordinary court delays, between the time when divorce papers are filed and the divorce hearing takes place. An amount of time within which a buyer is permitted to cancel a contract for the purchase of consumer goods—designed to effect CONSUMER PROTECTION. A number of states require that a three-day cancellation period must be allowed purchasers following door-to-door sales. Cooperative: An associ ation or corporation established for the purpose of prov iding services on a nonprofit basis to its shareholders or members who own and control it. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 58 CONTROLLER DICTIONARY OF LEGAL TERMS Copyright: Copyright covers a bundle of intangible rights granted by statute to the author or originator of certain literary or artistic productions, whereby, for a limited period, the exclusive privilege is given to that person (or to any party to whom he or she transfers ownership) to make copies of the same for publication and sale. Copyright Arbitration Royalty Panel: Three-member ad hoc board empowered to make decisions regarding ratemaking and distributions of COPYRIGHT ROYALTIES collected for compulsory licenses under the Copyright Act of 1976. Copyright, internationa l: The manner in which the exclusive rights to reproduce and distribute copies of various intellectual productions may be obtained in foreign countries. Coram: [Latin, Befo re; in the presence o f.] Coram nobis: [Latin, In our presence; before us.] The designation of a remedy for setting aside an erroneousjudgmentinacivilorcriminalactionthatresultedfromanerroroffactinthe proceeding. Coram rege: [Latin, In the presence of the king himself.] Corespondent: One of two or more parties against whom a lawsuit is commenced. A person named with others who must answer claims alleged in a bill, petition, or libel in a judicial proceeding. An individual who is accused of ADULTERY with another’s spouse being sued for divorce on that ground and who thereby becomes a defendant in the action. Corner: For surveying purposes, the designation given to a particular location formed by the intersection of two boundary lines of real property. The process by which a group of investors or dealers in a particular commodity exploit its market by purchasing it in large quantities and removing it from general sale for a time, thereby dramatically increasing its market price because i ts limited supply is greatly exceeded by the demand for it. The condition created when a commitment is made to sell at a special time of d elivery in the future, a much greater quantity of a commodity than is available in the present market. Corollary: A consequence or result that can be logically drawn from the existence of a set of facts bytheexerciseofcommonsenseandreason. Coroner: An official of a MUNICIPAL CORPORATION whose designated functions include the investigation of the cause of any violent or suspicious death that takes place within the geographical boundaries of his or her municipality. Corporal punishment: Physical punishment, as distinguished from pecuniary punishment or a fine; any kind of punishment inflicted on the body. Corporate: Pertaining to or possessing the qualities of a corporation, a legal entity created— pursuant to state law—to serve the purposes set out in its certificate of incorporation. Corporate personality: The distinct status of a business organization that has complied with law for its recognition as a legal entity and that has an independent legal existence from that of its officers, directors, and shareholders. Corporations: Artificial entities that are created by state statute, and that are treated much like individuals under the law, having legally enforceable rights, the ability to acquire debt and to pay out profits, the ability to hold and transfer p roperty, the ability to enter into contracts, the requirement to pay taxes, and the ability to sue and b e sued. Corporeal: Possessing a p hysical nature; having an objective, tangible existence; being capable of perception by touch and sight. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DICTIONARY OF LEGAL TERMS CORPOREAL 59 Corpse: The physical remains of an expired human being prior to complete decomposition. Corpus: [Latin, Body, aggregate, or mass.] Corpus delicti: [Latin, The body of the crime.] The foundation or material substance of a crime. Corpus juris: [Lati n, A body of law.] A phrase used to designate a volume encompassing several collections of law, such as the Corpus Juris Civilis. The name of an American legal encyclopedia, the most recent edition of which is known as Corpus Juris Secundu m (C.J.S.®). Corpus juris civ ilis: [Latin, The body of the civil law.] The name given in the early seventeenth century to the collection of civil law based upon the compilation and codification of the Roman system o f JURISPRUDENCE directed by the Emperor Justinian I during the years from 528 to 534 A.D. Correlative: Having a reciprocal relationship in that the existence of one relationship normally implies the existence of the other. Correspondence audit: An examination of the accuracy of a taxpayer’s income tax return conducted through the m ail by the INTERNAL REVENUE SERVICE, which sends the taxpayer a request for proof of a particular deduction or exemption taken by either completing a special form or sending photocopies of relevant financial records. Correspondent: Abank, SECURITIES firm, or other financial institution that regularly renders services for another in an area or market to which the other party lacks direct access. A bank that functions as an agent for another bank and carries a deposit balance for a b ank in another c ity. Corroborate: To support or enhance the believability of a fact or assertion by the presentation of additional information that confirms the truthfulness of the item. Corruption of blood: In English law, the result of attainder, in that the attainted person lost all rights to inherit land or other hereditaments from an ancestor, to retain possession of such property and to transfer any property rights to anyone, including heirs, by virtue of his or her conviction for treason or a felony punishable by death, because the law considered the person’s blood tainted by the crime. Cosigner: An obligor—a person who becomes obligated, under a COMMERCIAL PAPER,suchasa promissory note or check—by signing the instrument in conjunction with the original obligor, thereby promising to pay it in full. Costs: Fees and charges required by law to be paid to the courts or their officers, the amount of which is specified by court rule or statute. A monetary allowance, granted by the court to a prevailing party and recoverable from the unsuccessful party, for expenses incurred in instituting or defending an action or a separate proceeding within an action. Council: A legislative body of local government. A group of persons who, whether elected or appointed, serve as representatives of the public to establish state or municipal policies and to assist the chief executive of the government unit in the performance of duties. Counsel: An attorney or lawyer. The rendition of advice and guidance concerning a legal matter, contemplated form of argument, claim, or action. Counsellor: One engaged in the PRACTICE OF LAW; lawyer; advocate. Count: In COMMON-LAW PLEADING or CODE PLEADING, the initial statements made by a plaintiff that set forth a CAUSE OF ACTION to commence a civil lawsuit; the d ifferent points of a plaintiff’s declaration, each of which constitute a basis for relief. In CRIMINAL PROCEDURE,oneofseveral parts or charges of an indictment, each accusing the defendant of a different offense. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 60 CORPSE DICTIONARY OF LEGAL TERMS Counterclaim: A claim by a d efendant opposing the claim of the plaintiff and seeking some relief from the plaintiff for the defendant. Counterclaims and setoffs against sovereigns: A comprehensive term for the vulnerability of a foreign government to retaliatory suits against it arising out of a lawsuit that it commences against a party. Counterfeit: To falsify, deceive, or defraud. A copy or imitation of something that is intended to be taken as authentic and genuine in order to deceive another. Counterfeiting: The process of fraudulently manufacturing, altering, or distributing a product that is of lesser value than the gen uine product. Counteroffer: In contract law, a proposal made in response to an original offer modifying its terms, but which has the legal effect of rejecting it. Countersign: The inscription of one’s name at the end of a writing, done by a secretary or a subordinate, to attest to the fact that such a writing has been signed by a principal or a superior, thereby vouching for the genuineness of the signature. To write one’snameattheend of a document —in addition to the inscription of a name by another—to attest to the authenticity of the signature. County: A political subdivision of a state, the power and importance of which varies from one state to another. Coupon: A certificate evidencing the obligation to pay an installment of interest or a dividend that must be cut and presented to its issuer for payment when it is due. Course of dealing: A clearly recognizable pattern of previous conduct between parties to a business transaction. Course of employment: As set forth in WORKERS’ COMPENSATION acts, the time, place, and conditions under which an on-the-job accident occurs. The performance of an act that an employee might prudently do w hile in the appropriate area during working hours. Course of performance: Evidence of the conduct of parties concerning the execution of obligations under a contract requiring more than one performance that is used for the purpose of interpreting the contract’s provisions. Court: A court is a judicial tribunal established to administer justice. It is also an entity in the government to which the administration of justice is delegated. In a broader sense, the term may refer to a legislative assembly; a deliberative body, such as the General Court of Massachusetts, which is its legislature. The words court, judge, or judges, when used in laws, are often synonymous. A kangaroo court is a mock legal proceeding that disregards law and justice by issuing a biased, predetermined judgment regardless of the evidence presented before it. Court a dministrator: An officer of the judicial system who performs administrative and clerical duties essential to the proper operation of the business of a court, such as tracking trial dates, keeping records, entering judgments, and issuing process. Court commissioners: Persons appointed by a judge to find facts, to hear testimony, or to perform a specific function connected with certain types of cases. Court h and: In old English practice, the peculiar style and form of writing in which court records were transcribed from the earliest period to the reign of George II, circa 1760. Court-martial: A tribunal that tries violations of military criminal law. It often refers to the entire military justice process, from actual court proceedings to punishment. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DICTIONARY OF LEGAL TERMS COURT-MARTIAL 61 Court of appeal: An intermediate federal judicial tribunal of review that is found in thirteen judicial districts, called circuits, in the United States. A state judicial tribunal that reviews a decision rendered by an inferior tribunal to determine whether it made errors that warrant the reversal of its judgment. Court of claims: A state judicial tribunal established as the forum in which to bring certain types of lawsuits against the state or its political subdivisions, such as a county. The former designation given to a federal tribunal created in 1855 by Congress with original jurisdiction— initial authority—to decide an action brought against the United States that is based upon the Constitution, federal law, any regulation of the executive department, or any express or implied contracts with the federal government. Court of prob ate: A judicial body that exercises jurisdiction over the acceptance of wills as valid documents and over the management and settlement o f the estates of minors or of spendthrifts, of mentally incompetent persons, and of habitual drunkards. Court opinion: A statement that is prepared by a judge or court announcing the decision after a case is tried; includes a summary of the facts, a recitation of the applicable law and how it relates to the facts, the rationale supporting the decision, and a judgment; and is usually presented in writing, though occasionally an oral opinion is rendered. Court reporter: An individual who transcribes spoken or recorded speech in court proceedings and dep osit ion s. Courts of request: Inferior judicial tribunals in England, created by special enactments of Parliament, that possessed local jurisdiction to determine actions involving claims for small debts. These courts were abolished in 1846 and replaced by county courts. Covenant: An agreement, contract, or written promise between two individuals that frequently constitutes a pledge to do or refrain from doing something. Covenant, action of: One of the old com mon-law FORMS OF ACTION by which the plaintiff claimed damages for breach of a COVENANT,thatis,acontractunderseal. Covenant marriage: Alegalunionof HUSBAND AND WIFE that requires premarital counseling, marital counseling if problems occur, and limited grounds for DIVORCE. Cover: The right of a purchaser to buy goods other than those that were originally contracted for as a remedy in the event of a breach of contract by the seller. Coverage: The risks that are included in the terms of an insurance contract for protection under the policy; the amount and type of insurance. Coverture: An archaic term that refers to the legal status of a married woman. CPA: An abbreviation for certified public accountant. A CPA is a t rained accountant who has been examined and licensed by the state. He or she is permitted to perform all the tasks of an ordinary accountant in addition to examining the books and records of various business organizations, such as co rporations. Craft union: An association of laborers wherein all the members do the same type of work. Credibility: Believability. The major legal application of the term credibility relates to the testimony of a witness or party during a trial. Testimony must be both competent and credible if it is to be accepted by the trier of fact as proof of an issue being litigated. Credit: A term used in accounting to describe either an entry on the right-hand side of an account or the process of making such an entry. A credit records the increases in liabilities, owners’ EQUITY, and revenues as well as the decreases in assets and expenses. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 62 COURT OF APPEAL DICTIONARY OF LEGAL TERMS A sum in taxation that is subtracted from the computed tax, as opposed to a deduction that is ordinarily subtracted from gross income to determine adjusted gross income or taxable income. A claim for a particular sum of money. The ability of an individual or a company to borrow money or procure goods on time, as a result of a positive opinion by the particular lender concerning such borrower’s solvency a nd reliability. The right granted by a creditor to a debtor to delay satisfaction of a debt, or to incur a debt and defer the payment thereof. Credit bureau: A privately owned, profit-making establishment that—as a regular business— collects and compiles data regarding the solvency, character, responsibility, and reputation of a particular individual or business in order to furnish such information to subscribers, in the form of a report allowing them to evaluate the financial stability of the subject of the report. Credit unio n: A corporation formed under special statutory provisions to further thrift among its members while providing credit for them at more favorable rates of interest than those offered by other lending institutions. A credit union is a cooperative association that utilizes funds deposited by a small group of people who are its sole borrowers and beneficiaries. It is ordinarily subject to regulation by state banking boards or commissions. When formed pursuant to the Federal Credit Union Act (12 U.S.C.A. § 1751 et seq. [1934]), credit unions are chartered and regulated by the NATIONAL CREDIT UNION ADMINISTRATION. Creditor: An individual to whom an obligation is owed because he or she has giv en something of value in exchange. One who may legally demand and receive money, either through the fulfillment of a contract or due to injury sustained as a result of another’s NEGLIGENCE or intentionally wrongful act. The term creditor is also used to describe an individual who is engaged in the business of lending money or selling items for which immediate p ayment is not demanded but an obligation of repayment exists as of a future date. Creditor’sbill: An equitable proceeding initiated by a person who has obtained—and is entitled to enforce—a money judgment against a debtor to collect the payment of a debt that cannot be reached through normal legal procedures. Crimes: Acts or omissions that are in violation of law. Criminal: Pertaining to, or involving, crimes or the administration of penal justice. An individual who has been found guilty of the commission of conduct t hat causes social harm and that is punishable by law; a person who has committed a crime. Criminal ac tion: The procedure by which a person accused of committing a crime is charged, brought to trial, and judged. Criminal conversation: A TORT under common l aw that involv es the seduction of another person’sspouse. Criminal forfeiture: The loss of a criminal defendant’srightstopropertythatisconfiscatedby the government when the property was used in the commission of a crime. The seizure by law enforcement officers of an automobile used in the transportation of illegal narcotics is a criminal forfeiture. Criminal law: Criminal law comprises a body of rules and statutes that define conduct prohibited by the government because it threatens and harms public safety and welfare and that establishes punishment to be imposed for the commission of such acts. Criminal negligence: The failure to use reasonable care to avoid consequences that threaten or harm the safety of the public and that are the foreseeable outcome of acting in a p articular manner. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DICTIONARY OF LEGAL TERMS CRIMINAL NEGLIGENCE 63 Criminal procedure: The framework of laws and rules that govern the administration of justice in cases involving an individual who has been accused of a crime, beginning with the initial investigation of the crime and concluding either with the unconditional release of the accused by virtue of acquittal (a judgment of not guilty) o r by the impositio n of a term of punishment pursuant to a conviction for the crime. Criminology: The scientific study of the causation, correction, and prevention of crime. Critical legal s tudies: An intellectual movement whose members argue that law is neither neutral nor value free but is in fact inseparable from politics. Crop insurance: A contract of indemnity by which, for a specified premium, one party promises to compensate another for the financial loss incurred by the destruction of agricultural products from the forces of nature, such as rain, hail, frost, or insect infestation. Crops: Commodities produced from the earth which are planted, raised, and gathered within the course of a single season. Cross-action: A separate and independent lawsuit brought by the defendant against a plaintiff for some reason arising from the same transaction or event that is the basis for the plaintiff’s lawsuit. Cross-claim: Ademandmadeina PLEADING against another party on the same side of the lawsuit. Cross-complaint: Atypeof PLEADING that asserts a claim against any of the parties suing the person making the complaint, or against anyone else involved in the same controversy or having an interest in the same property that is the subject of the lawsuit. Cross-demand: A claim made against someone who has already made a demand of the person asserting that claim. Cross-examination: The questioning of a witness or party during a trial, hearing, or deposition by the party opposing the one who asked the person to testify in order to evaluate the truth of that person’s testimony, to develop the testimony further, or to accomplish any other objective. The interrogation of a witness or party by the party opposed to the one who called the witness or party, upon a subject raised during direct examination—the initial questioning of a witness or party—on the merits o f that testimony. Cruel and inhuman treatment: Another name for cruelty, or for the intentional, hostile infliction of physical or mental suffering upon another individual, which is a ground for divorce in many states. Cruel and unusual punishment: Cruel and unusual punishment refers to such punishment as would amount to torture or barbarity, any cruel and degrading punishment not k nown to the common law, or any fine, penalty, confinement, or treatment that is so disproportionate to the offenseastoshockthemoralsenseofthecommunity. Cruelty: The deliberate and malicious infliction of mental or physical pain upon p ersons or animals. CTA: An abbreviation for cum testamento annexo, Latin for “with the will attached.” Culpa: [Latin, Fault, blame, or neglect.] A civil law term that implies that certain conduct is actionabl e. Culpable: Blameworthy; involving the commission of a fault or the breach of a duty imposed by law. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 64 CRIMINAL PROCEDURE DICTIONARY OF LEGAL TERMS Culprit: An individual who has been formally charged with a criminal offense but who has not yet been tried and convicted. Cum testamento annexo: [Latin, With the will annexed.] A phrase that describes an administrator named by a probate or surrogate court to settle and distribute an estate according to the terms of a will in which the testator, its maker, h as failed to name an executor, or in which the one named refuses to act or is legally incapable of acting. Cumulative evidence: Facts or information that proves what has previously been established by other information concerning the same issue. Cumulative sentence: Separate consecutive terms of imprisonment imposed upon a defendant who has been convicted of two or more distinct offenses; any term of imprisonment that becomes effective subsequent to the expiration of a prior one. Cumulative voting: A m ethod of election of the board of directors used by corporations whereby a stockholder may cast as many votes for directors as he or she has shares of stock, multiplied by the number of directors to be elected. A plan used for the election of members to the lower house of the Illinois legislature by which voters, each of whom is given three votes, may cast all of the votes for one candidate or allocate them among two or three candidates. Cunnilingus: An act in which the female sexual organ is orally stimulated. Cure: The act of restoring health after injury or illness. Care, including medical and nursing services rendered to a sailor throughout a period of duty, pursuant to the principle that the owner of a vessel must furnish maintenance and cure to a sailor who becomes ill or is injured during service. The right of a seller, und er the UNIFORM COMMERCIAL CODE (UCC), a body of law governing commercial transactions, to correct a delivery of goods that do not conform to contractual terms made to a buyer within the period specified by the contract in order to avoid a breach of contract action. The actual payment of all amounts that are past due in regard to a default in such payments. Curia: [Latin, Court.] A judicial tribunal or court convened in the sovereign’s palace to dispense justice. A court that exercised jurisdiction ove r civil matters, as distinguished from religious matters, which were determined by ecclesiastical courts, a system of courts in England that were held by authority of the sovereign and had jurisdiction over matters concerning the religion and ritual of the established c hurch. Curia regis: [Latin, The King’sCourt.] Current account: A detailed financial statement representing the debit and credit relationship between two parties that has not been finally settled or paid because of the continuous, ongoing dealings of the parties. Curtesy: Anestatetowhichamanisentitledbycommon-lawrightonthedeathofhiswife,inall the lands that his wife owned at any time during their marriage, provided a child is born of the marriage who could inherit the land. Curtilage: The area, usually enclosed, encompassing the grounds and b uildings immediately surrounding a home that is used in the daily activities of domestic life. Custodial interrog ation: Questioning initiated by law enforcement officers after a person is taken into custody or otherwise deprived of his or her freedom in any significant way, thus requiring that the person be ad vised of his or her ap plicable constitutional rights. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DICTIONARY OF LEGAL TERMS CUSTODIAL INTERROGATION 65 Custody: The care, possession, and control of a thing or person. The retention, inspection, guarding, maintenance, or security of a thing within the immediate care and control of the person to whom it is committed. The d etention of a person by lawful authority or process. Customs duties: Tariffs or taxes payable on merchandise imported or exported from one country to another . Cy pres: Abbreviated form of cy pres comme possible, French for “as near as possible.” The name of a rule employed in the construction of such instruments as trusts and wills, by which the intention of the person who executes the instrument is effectuated as nearly as possible when circumstances make it impossible or illegal to give literal effect to the document. Damages: The term damages refers to monetary compensation that is awarded by a court in a civil action to an individual who has been injured through the wrongful conduct of another party. Damnum: [Latin, Damage.] The loss or reduction in the value of property, life, or health of an individual as a consequence of FRAUD, carelessness, or accident. Danelage: A system of law introduced into England as a result of its invasion and conquest by the Danes during the eighth and ninth centuries, which occurred primarily in some of the midland counties and on the eastern coast. Dangerous instr ument ality: Any article that is inherently hazardous or has the potential for harming people through its careless use. Day certain: A specified date. A term used in the rules of civil and criminal procedure to designate a particular time by which all motions for a new trial must be submitted to the court. Day in court : The opportunity afforded an individual to have a claim litigated in a judicial setting. Days of grace: An extension of the time originally scheduled for the performance of an act, such as payment for a debt, granted merely as a gratuitous favor by the person to whom the performance is owed. De bonis n on administratis: [Latin, Of the goods not administered.] When an administrator is appointed to succeed another who has left the estate partially unsettled, the administrator is said to be granted “administration de bonis non,” that is, of the goods not already administered. De facto: [Latin, In fact. ] In fact, in deed, actually. De jure: [Latin, In law.] Legitimate; lawful, as a MATTER OF LAW. Having complied with all the requirements imposed by law. De minimis: An abbreviated form of the Latin MAXIM de minimis non curat lex, “the law cares not for small things.” A legal doctrine by which a court refuses to consider trifling matters. De novo: [Latin, Anew.] A second time; afresh. A trial or a hearing that is ordered by an appellate court that has reviewed the record of a hearing in a lower court and sent the matter back to the original court for a new trial, as if it had not been previously heard nor decided. D GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 66 CUSTODY DICTIONARY OF LEGAL TERMS . violations of military criminal law. It often refers to the entire military justice process, from actual court proceedings to punishment. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DICTIONARY OF. articular manner. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION DICTIONARY OF LEGAL TERMS CRIMINAL NEGLIGENCE 63 Criminal procedure: The framework of laws and rules that govern the administration of justice in. the purpose of prov iding services on a nonprofit basis to its shareholders or members who own and control it. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 58 CONTROLLER DICTIONARY OF LEGAL TERMS Copyright: